Anti-social Behaviour, Crime and Policing Bill

Baroness Primarolo Excerpts

Tuesday 15th October 2013 Commons Chamber

[Mr Steve Reed (Croydon North) (Lab)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dawn Primarolo)]

With this it will be convenient to discuss the following:

New clause 6—Dog number control notice—

(1) This section applies where more than one dog is being kept in a domestic property in England or Wales.

(2) Where an authorised officer has reasonable cause to believe that the number of dogs being kept in a domestic property gives rise to a risk that any one or more of the dogs may become dangerously out of control while in or partly in the domestic property (“the risk”), he or she may serve on the person in charge a written control notice which—

(a) states that the authorised officer is of that belief;

(b) specifies the maximum number of dogs which, in the opinion of the authorised officer, are capable of being kept in the domestic property such as to sufficiently reduce the risk;

(c) requires the person in charge to reduce the number of dogs kept in the domestic property to no more than the number specified under paragraph (b) and;

(d) specifies the date by which the terms of the control notice must be complied with.

(3) A control notice may be served on more than one person in respect of one domestic property.

(4) It is an offence for a person without reasonable excuse to fail to comply with a requirement under subsection (2).

(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) An authorised officer may make a complaint to a Magistrates’ Court if a person in charge fails, to the satisfaction of the authorised officer, to comply with the steps required in a control notice within the time period specified.

(7) A Magistrates’ Court receiving a complaint under subsection (6) shall, if it finds that the person in charge has failed to comply with the steps required in a control notice, make an order in a summary way directing any of the dogs kept in the domestic property to be destroyed.

(8) In this section—

“authorised officer” means a person appointed by a local authority within whose area the domestic property is situated for the purposes of this section;

“domestic property” means a building, or part of a building, that is a dwelling or is forces accommodation (or both);

“person in charge” means the owner or owners, and if different, person or persons for the time being in charge of the dogs.

New clause 17—Community protection notices (dogs)—

(1) An authorised person may issue a community protection notice (dogs) to the owner or person for the time being in control of the dog if they have reasonable cause to believe that—

(a) the dog is not under sufficient control, and

(b) preventative measures are required to protect the public, the dog itself, or another protected animal.

(2) An “authorised person” means a police officer, local authority dog warden, or other authorised person.

(3) A community protection notice (dogs) is a notice that imposes any of the following requirements on the owner or person for the time being in control of the dog—

(a) a requirement to have the dog microchipped;

(b) a requirement to obtain third party liability insurance;

(c) a requirement for the dog to be kept on a leash in public;

(d) a requirement for the dog to be muzzled in public;

(e) a requirement for the transferring or relinquishing of ownership of the dog without notifying the enforcing authority.

(4) A community protection notice may be issued—

(a) without notice, and

(b) with immediate effect.

(5) A person issued with a community protection notice (dogs) who fails to comply with it commits an offence.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

New clause 18—Requirement to fit a post box guard where a dog is present—

(1) The Secretary of State shall bring forward regulations to require householders to fit a guard to their letterbox if—

(a) the householder owns a dog,

(b) the dog is kept in residential premises to which the letterbox is fitted,

(c) the letterbox opens directly into those premises, and

(d) a person may reasonably conclude that there is the possibility of the dog causing harm to someone using the letterbox.

(2) Regulations made under subsection (1) shall include provision in respect of—

(a) the size and style of the guard to be fitted, and

(b) the householder to be liable to a civil penalty for any harm caused as a result of failing to comply with this requirement.

(3) Regulations under this section—

(a) shall be made by statutory instrument, and

(b) may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament.

New clause 19—Written control notice—

(1) Where an authorised officer has reasonable cause to believe that a dog is not under sufficient control and requires greater control in any place, as a preventative measure to protect the public, the dog itself, or another protected animal, he or she may serve on the owner, and, if different, person for the time being in charge of the dog a written control notice which—

(a) states that he or she is of that belief;

(b) specifies the respects in which he or she believes the owner, and if different, the person for the time being in charge of the dog is failing to keep the dog under sufficient control;

(c) specifies the steps he or she requires the owner, and if different, the person for the time being in charge of the dog to take in order to comply with the notice.

(d) specifies the date by which the terms of the notice must be complied with; and

(e) specifies the date that the notice expires which will not be for a period which exceeds six months.

(2) In a control notice pursuant to subsection (1)(c) an authorised officer must require a dog to be microchipped (if not already done) and the owner, and if different, the person for the time being in charge of the dog, register the dog with a microchip database, and may require the following steps, where appropriate, but not limited to—

(a) keeping the dog muzzled as directed;

(b) keeping the dog on a lead when in public or under control as directed;

(c) requiring the owner, and if different, the person for the time being in charge of the dog, to seek and implement expert advice about training and behaviour for the dog;

(d) having the dog neutered where appropriate; and

(e) keeping the dog away from particular places or persons.

(3) Failure to comply with the steps required in a control notice within the time period specified, to the satisfaction of the authorised officer may lead to a complaint to a magistrates’ court under section 2 of the Dogs Act 1871.

(4) The provisions of section 2 of the Dogs Act 1871 shall have effect if the owner, and if different, the person for the time being in charge of a dog fails to comply with the steps required in a control notice within the time period specified in accordance with subsection (3) above as they would apply if a dog was dangerous and not kept under proper control.

(5) An “authorised officer” is a person that has been appointed by the local authority or police for the purposes of this Act.

(6) A “protected animal” is one that is commonly domesticated in the British Islands, is under the control of man whether on a permanent or temporary basis, or is not living in wild state.

(7) A person served with a dog control notice may appeal against the notice to a magistrates’ court within the period of 14 days beginning with the date on which that person was served with the notice.

(8) The grounds on which a person served such a notice may appeal are one or more of the following—

(a) that the notice contains required steps which are unreasonable in character, or extent, or are unnecessary; or

(b) that there has been some defect or error in, or in connection with, the notice.

(9) On hearing of the appeal the court may—

(a) quash the dog control notice to which the appeal relates; or

(b) vary the notice in such a manner as it thinks fit; or

(c) dismiss the appeal.

New clause 29—Improving the welfare of seized dogs—

(1) Where an expert examination is required for a dog that is alleged to be one to which section 1 of the Dangerous Dogs Act 1991 applies that examination must be carried out and completed by both the defence and prosecution within 28 days of seizure of the dog and a written report produced within one week of the examination.

(2) If the prosecution or defence fail to carry out the examination as described in subsection 1 within the requisite period the prosecution or defence, as the case may be, may not rely in evidence on any expert report involving an examination of that dog after the 28 day period unless the Court extends this period.

(3) In considering any application to extend the examination period the Court must take into account the welfare of the dog, the costs of kennelling the dog and any other relevant matters.

New clause 30—Rehoming of prohibited types of dog—

(1) The Dangerous Dogs Act 1991 is amended as follows.

(2) In section 4B(1)(b) (Destruction orders otherwise than on a conviction) after the first “owner” there is inserted “or prospective owner”, and after the second “owner” there is inserted “or prospective owner”.

Amendment 143, in clause 98, page 69, line 43, leave out subsection 2(a).

Amendment 140, page 70, leave out line 3 and insert—

(ii) for “injures any person” there is substituted “injures or kills any person or assistance dog”.’.

Amendment 144, page 70, line 6, after ‘householder’, add ‘or business’.

Amendment 145, page 70, line 7, after ‘householder’, add ‘or business’.

Amendment 146, page 70, line 11, after ‘(or is both)’, add

‘or in premises used partially or wholly for business purposes’.

Amendment 147, page 70, line 17, at end insert—

(iii) D (if not present at any time) could have reasonably believed V to be in, or entering the building or part as a trespasser if they had been present.’.

Amendment 134, page 70, line 23, at end insert—

‘(1C) A person (“D”) is not guilty of an offence under subsection (1) in a case where they, or an associated person, are being attacked by another person or another dog at the relevant time.

(1D) A person (“D”) is not guilty of an offence under subsection (1) if they are a vet or someone working in a veterinary practice at the relevant time.

(1E) A person (“D”) is not guilty of an offence under subsection (1) if they themselves are the victim of any incident involving their dog.

(1F) A person (“D”) is not guilty of an offence under subsection (1) if they are in charge of a dog they are removing in connection with their work.

(1G) A person (“D”) is not guilty of an offence under subsection (1) if they are in charge of a dog they are required to maintain in any police or court proceedings or if they are assisting the courts as a witness (expert or otherwise).

(1H) A person (“D”) is not guilty of an offence under subsection (1) if they are in charge of a dog that they are authorised or required to look after in connection with their work.

(1I) A person (“D”) is not guilty of an offence under subsection (1) if they are in charge of a dog they are looking after by virtue of the dog being in their kennels.

(1J) A person (“D”) is not guilty of an offence under subsection (1) if the dog is a police dog or a dog being used in an official capacity to assist with their work.

(1K) A person (“D”) is not guilty of an offence under subsection (1) if the dog is an assistance dog.

(1L) A person (“D”) is not guilty of an offence under subsection (1) if they are registered blind.

(1M) A person (“D”) is not guilty of the aggravated offence under subsection (1) if, as a result of any disability, they were not able to physically prevent the offence.

(1N) A person (“D”) is not guilty of the aggravated offence under subsection (1) unless they encouraged the dog in its actions.’.

Amendment 133, page 70, line 28, at end insert—

‘(2A) If an owner of a dog, and if different the person for the time being in charge of a dog unreasonably omits to keep the dog under proper control, or if he causes, or encourages the dog to attack a protected animal, and any of those things lead to the injury or death of a protected animal he shall be guilty of an offence.

(2B) A “protected animal” has the same meaning as in section 2 of the Animal Welfare Act 2006.’.

Amendment 141, page 70, line 28, at end insert—

(iii) for “two years” there is substituted “fourteen years”.’.

Amendment 142, page 70, line 28, at end insert—

‘(1C) In proceedings for an offence under section 3(1) it shall be a defence for the accused to prove that he took reasonable steps to prevent the dog being dangerously out of control.’.

Amendment 135, page 70, line 41, at end insert—

‘(1B) Anyone authorised to seize a dog under subsection 1A is exempted from the provisions of the Dangerous Dogs Act 1991.’.

Amendment 98, page 70, leave out lines 45 and 46 and insert

‘for the purposes of this Act, “assistance dog” means a dog which has been accredited to assist a disabled person by a prescribed charity or other organisation.’.

Amendment 97, page 70, line 46, at end insert

‘“dwelling”, for the purposes of section 3, includes enclosed buildings within the curtilage of the dwelling and associated with it, where a person might reasonably expect to find a dog, such as garages, sheds and other outbuildings;’.

Amendment 132, page 70, line 47, leave out subsection (6)(b).

Amendment 99, in clause 99, page 71, line 33, at end add—.

‘(5) After section 7 there is inserted—

“7A Fit and proper person code of practice

(1) The Secretary of State must prepare a draft code of practice giving guidance about the matters to be considered when determining whether someone is a fit and proper person for the purposes of sections 1, 4 and 4B.

(2) The Secretary of State must lay before Parliament—

(a) any draft code of practice prepared under this section; and

(b) an order to be made by statutory instrument providing for the code to come into force, subject to subsection (4).

(3) Before preparing such a draft code, the Secretary of State must consult such persons as the Secretary of State thinks appropriate.

(4) Where a draft is laid before Parliament under subsection (2)(a), if neither House passes a resolution disapproving the draft within 40 days—

(a) the Secretary of State may issue the code in the form of the draft; and

(b) it shall come into force in accordance with provision made under subsection (2)(b).”.’.

[Mr Reed]

It is a pleasure to speak in this debate and to move this new clause, which stands in the names of my hon. Friend the Member for Liverpool, Wavertree (Luciana Berger) and my right hon. Friend the Member for Oxford East (Mr Smith).

Dangerous dogs, or, perhaps more accurately, irresponsible dog owners, are a serious public threat. Not only do we have a duty to act, but there is widespread agreement on what form that action should take. I regret to say that the Government are the only ones standing meekly on the sidelines, refusing to take the necessary action. Having failed to lead from the start with this Bill, the Government refused to act in Committee, despite the support of their own Back Benchers for such action, but I hope, with a new Minister in place, there will be a fresh approach and a chance to move forward and tackle this menace.

I want to start by speaking to amendment 141, which was tabled by the hon. Member for Bedford (Richard Fuller). I have strong sympathy with the case he is making, and which he made in Committee, for a much stronger punishment for irresponsible dog owners who allow their dogs to maim and kill. We were deeply disappointed, however, that the Government failed to meet their own promise, made in an open Committee, to publish the findings of a consultation on what level of sentencing would be appropriate in such cases before the Bill returned to the Chamber.

As it was, the Minister wrote to members of the Committee last Friday, after the tabling deadline. An e-mail was sent at 5.50 in the evening, stating that the Government had not had time to review the consultation responses, and that therefore no Government amendment would be put before the House. It was in good faith that the Opposition did not table an amendment, as we believed his predecessor’s word that the consultation would result in a Government amendment. Announcing that he would not do anything after the tabling deadline was not a welcome start to the Minister’s tenure in the Home Office. I hope that we will not see a repeat of those tactics.

--- Later in debate ---

[Several hon. Members]

rose—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. There are two Members left to speak. Given that the debate will end at 5.30 pm, I hope that they will agree to share the remaining time, and that each will speak for seven or eight minutes.